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1
The Oklahoma Computer
Equipment Recovery Act:
A Summary of the 2010 Manufacturer Annual Reports
6/10/2011
Oklahoma Department of Environmental Quality
Melissa Adler-McKibben
Submitted To:
The Governor, the President Pro Tempore of the Senate, and the
Speaker of the House of Representatives
[2]
Introduction
With electronic waste reported by the United States Environmental Protection Agency to be the
fastest growing waste stream, Oklahoma’s Governor signed Senate Bill 1631 into law on May
12, 2008. The Oklahoma Computer Equipment Recovery Act (“Act”), 27A O.S. § 2-11-601 et
seq., became effective on January 1, 2009. The Act requires manufacturers to submit annual
reports to the Oklahoma Department of Environmental Quality (ODEQ) no later than March 1st
of each year that include:
1. A summary of the recovery program implemented by the manufacturer during the
previous calendar year, specifically describing the methods of recovery implemented by
the manufacturer;
2. The weight of covered devices collected and recovered during the previous calendar
year;
3. The location and dates of any electronics waste collection events during the previous
calendar year, if any, and the location of collection sites if any; and
4. Certification that the collection and recovery of covered devices complies with the
provisions of Section 9* of the Act.
Further, pursuant to 27A O.S. § 2-11-607(E),the ODEQ shall by July 1 of each year produce, and
submit, to the Governor, the President Pro Tempore of the Senate, and the Speaker of the
House of Representatives a summary of the recovery program annual reports filed by the
manufacturers.
*Section 9 of the Oklahoma Computer Equipment Recovery Act states: All covered devices collected pursuant to the provision of this Act shall
be recovered in a manner that is in compliance with all applicable state, federal, and local laws.
[3]
Background
The Act was created as part of an ongoing, nationwide effort to establish convenient and
environmentally sound collection, recycling, and reuse of electronics that have reached the end
of their useful lives. Under the Act, consumers, retailers, manufacturers, and the ODEQ share
responsibilities. 2010 marks the second calendar year the program has been in place and the
second year for annual reporting by manufacturers.
Consumer Responsibilities
Consumers are responsible for removing all personal data, or other information, that may be on
a covered device that is collected or recovered.
Retailer Responsibilities
Retailers of equipment defined in the Act are not to sell, or offer for sale, a covered device in
Oklahoma unless the manufacturer has an approved recovery plan submitted to ODEQ.
Retailers also cannot offer for sale a manufacturer’s product if it is not properly affixed with the
manufacturer’s brand label.
Manufacturer Responsibilities
Manufacturers who produce, sell, or import more than 50 covered devices per year in the state
of Oklahoma must adopt, and implement, a recovery plan that provides reasonably convenient
collection services for consumers. Recovery plans must explain how collection and recovery is
provided at no charge to the consumer. Collection methods must also be available, and
designed, to meet the needs of all Oklahoma consumers.
Covered devices must be labeled with the manufacturer’s brand, which must be permanently
affixed and visible.
Manufacturers’ recovery plans must also include a statement that they will not dispose of their
devices in landfills, or contract with recycling companies who do, other than incidental
amounts.
In addition, manufacturers who maintain websites providing product information regarding
covered devices must include collection and recovery information for consumers and provide
that information to the ODEQ.
As previously described, no later than March 1 of each year, manufacturers must submit annual
reports to the ODEQ.
2010 also brought about a change in rules with the addition of a tiered fee structure.
Manufacturers are divided into two categories: major and minor. A major manufacturer is
defined as a manufacturer that sells more than 1,000 covered devices. A minor manufacturer is
defined as a manufacturer that sells between 51 and 999 covered devices. According to the fee
[4]
structure in place, major manufacturers pay an annual fee of $5,000 per year and minor
manufacturers pay an annual fee of $1,000 per year to ODEQ. This differentiation was put in
place to alleviate financial burden to small businesses. This fee structure was passed in April
2010 and became a responsibility of manufacturers beginning in the 2011 calendar year.
Oklahoma Department of Environmental Quality Responsibilities
The ODEQ must review, and approve, all manufacturer-submitted recovery plans and annual
reports. If plans, or reports, do not meet the standards of the Act, the ODEQ must notify
manufacturers within 20 days to ensure compliance. The ODEQ must maintain, and make
available, a list of registered manufacturers who have implemented approved recovery plans
including a separate list of manufacturers who collect additional brands other than their own.
Recovery plans and annual reports must be filed and made available to the public pursuant the
Oklahoma Open Records Act.
The ODEQ may conduct audits and inspections, take enforcement action, and assess penalties
against a manufacturer, retailer, or recycler. In the 2010 calendar year, the ODEQ conducted 35
inspections of retailers in nine Oklahoma counties. The ODEQ has also performed inspections
at three recycling facilities in the state that accept electronic waste. In addition, ODEQ
personnel have visited transfer stations, and landfills, to determine whether, or not, they would
be willing to separate electronics for various collection events. With additional staff members
assisting with inspections in the 2011 calendar year, additional counties within the state will be
reached which will, in turn, cause retailer and consumer awareness to be increased.
The ODEQ is also responsible for public education regarding collection and recovery of covered
devices. To comply with this requirement, the ODEQ maintains a website with all requirements
including additional links and information regarding recovery. ODEQ personnel also created an
informational hand-out for local governments across the state to distribute to consumers.
These efforts have been assisted by the Product Stewardship Institute (PSI). The ODEQ and PSI
work closely together to address various electronics recycling issues within Oklahoma and
across the nation.
Additional Responsibilities
The Act provides for those state agencies contracting for purchase of covered electronic devices
along with persons submitting bids for contracts. This section of the Act is administered by the
Oklahoma Department of Central Services. No state agency shall contract for the purchase of
covered electronic devices made by any manufacturer that is not on the ODEQ’s list of
registered manufacturers or that has been otherwise determined non-compliant with the
provisions of the Act.
[5]
Current Program Status
In the first summary to the Governor, July 2009, the ODEQ reported only 15 manufacturers who
had implemented recovery plans. Additional efforts were made to locate manufacturers in the
state. By the end of 2009, the ODEQ had 27 manufacturers within the State with approved
recovery plans. For the 2010 reporting period participation increased to 36 manufacturers. At
the date of this report, there are now 45 manufacturers registered with the ODEQ. The number
of manufacturers implementing recovery plans in Oklahoma is likely to increase with
continuous public education efforts and progression of technology.
All current registered manufacturers implement mail back programs. As part of the program a
consumer may print a pre-paid shipping label to send the item(s) back to the manufacturer, or
they may call a toll free number to request a shipping label. In addition to the mail back
program, a few manufacturers offer drop-off locations within the state as an alternative
recovery option. Another collection option for manufacturers is to host a community event.
There were multiple electronics take back events held in the 2010 calendar year throughout
several Oklahoma communities, including one large statewide event partnered by LG
Electronics and Waste Management. This statewide event was so successful that the same
partnership has offered to host the event again in the state of Oklahoma for the 2011 calendar
year.
A Summary of 2010 Annual Reports
All 2010 annual reports were to be submitted to the ODEQ by March 1, 2011. Reminder letters
were sent to all manufacturers in advance of the deadline on February 7, 2011. With 25 states
having various statutory requirements, not all manufacturers’ reports were submitted by the
due date. Of the 36 manufacturers registered at the end of 2010, all annual reports were
received, and approved, by May 1, 2010.
Oklahoma’s second year of annual reporting proved to be far more successful than the first
year. In the calendar year of 2010, manufacturers reported collecting 2,554,632 pounds of
electronics. Annual report trends show that larger manufacturers were able to recover more
devices in Oklahoma; this was expected as they also sold more products. The 2009 calendar
year total for collected devices was 817,277 pounds. Therefore, 2010 tripled the amount
recovered in 2009. This success is mainly due to increased awareness efforts made across
the state that included retailer visits, communication with multiple municipalities,
presentations at public events, universities, and schools as well as hosting informational
booths at various conferences. In addition, success can also be attributed to increased
manufacturer involvement through community events.
Below is a chart with individual manufacturer annual reporting data along with a line graph on
the following page displaying a comparison between recycling totals.
[6]
Figure 1: Individual Manufacturer Data for the 2010 Calendar Year
Manufacturer Weight Collected
ACER 20,753 lbs.
Apple Inc 134,287 lbs.
AnythingIT/Fujitsu 0 lbs.
ASUS 0 lbs.
BenQ America 0 lbs.
Best Buy 589,633 lbs.
CyberPower 0 lbs.
Dell 732,196 lbs.
DRS/Intertek 0 lbs.
Four Star Group 0 lbs.
GammaTech 0 lbs.
General Dynamics 0 lbs.
Hannspree 0 lbs.
Hitachi 0 lbs.
HP 855 lbs.
IBM 514 lbs.
Intel 0 lbs.
Lenovo/AERCCR 0 lbs.
LG 235,004 lbs.
Medion/AERCCR 0 lbs.
MSI 0 lbs.
NCR 0 lbs.
NEC 52 lbs.
Nokia 0 lbs.
Panasonic 0 lbs.
Planar 0 lbs.
Samsung 440,168 lbs.
Sony 401,170 lbs.
Sun 0 lbs.
Toshiba 0 lbs.
Unisys 0 lbs.
ViewSonic 0 lbs.
Vizio 0 lbs
Wacom 0 lbs.
Westinghouse 0 lbs.
TOTAL COLLECTED 2,554,632
[7]
[8]
Conclusion
The recycling total for computer equipment in Oklahoma for 2010 was 2,554,632 pounds. Ten
other states have reported their states’ 2010 recycling statistics to the National Center for
Electronics Recycling. When compared to other states, Oklahoma falls short in recycling
amounts; however, Oklahoma boasts the highest increase in recycling from 2009 to 2010 as
shown below. In addition, the majority of comparable states also collect electronics that
Oklahoma does not (televisions, printers, scanners, and mobile phones) which would also factor
into the discrepancy in total pounds collected.
State Amount Collected 2009 (lbs.)
Amount Collected 2010
(lbs.)
Increase
Percentage
California 167,876,682 172,570,839 2.79%
Illinois N/A 27,238,482 N/A
Maine 7,912,292 5,338,287 -32.53%
Minnesota 30,293,194 33,082,679 9.21%
North Carolina N/A 9,148,000 N/A
Oklahoma 817,277 2,554,632 212.58%
Oregon 18,993,738 24,149,774 27.15%
Texas 15,247,207 24,370,894 59.84%
Virginia 7,565,000 4,439,446 -41/31%
Washington 38,548,674 39,467,798 2.38%
Wisconsin N/A 24,000,000 N/A
According to the National Center for Electronics Recycling, Oklahoma’s computer recycling
program is most similar to Missouri, Texas, and Virginia; however Texas recently passed a bill to
include televisions in their state program and reporting data. The State of Oklahoma shows
much promise for progress in electronic waste recycling.

1
The Oklahoma Computer
Equipment Recovery Act:
A Summary of the 2010 Manufacturer Annual Reports
6/10/2011
Oklahoma Department of Environmental Quality
Melissa Adler-McKibben
Submitted To:
The Governor, the President Pro Tempore of the Senate, and the
Speaker of the House of Representatives
[2]
Introduction
With electronic waste reported by the United States Environmental Protection Agency to be the
fastest growing waste stream, Oklahoma’s Governor signed Senate Bill 1631 into law on May
12, 2008. The Oklahoma Computer Equipment Recovery Act (“Act”), 27A O.S. § 2-11-601 et
seq., became effective on January 1, 2009. The Act requires manufacturers to submit annual
reports to the Oklahoma Department of Environmental Quality (ODEQ) no later than March 1st
of each year that include:
1. A summary of the recovery program implemented by the manufacturer during the
previous calendar year, specifically describing the methods of recovery implemented by
the manufacturer;
2. The weight of covered devices collected and recovered during the previous calendar
year;
3. The location and dates of any electronics waste collection events during the previous
calendar year, if any, and the location of collection sites if any; and
4. Certification that the collection and recovery of covered devices complies with the
provisions of Section 9* of the Act.
Further, pursuant to 27A O.S. § 2-11-607(E),the ODEQ shall by July 1 of each year produce, and
submit, to the Governor, the President Pro Tempore of the Senate, and the Speaker of the
House of Representatives a summary of the recovery program annual reports filed by the
manufacturers.
*Section 9 of the Oklahoma Computer Equipment Recovery Act states: All covered devices collected pursuant to the provision of this Act shall
be recovered in a manner that is in compliance with all applicable state, federal, and local laws.
[3]
Background
The Act was created as part of an ongoing, nationwide effort to establish convenient and
environmentally sound collection, recycling, and reuse of electronics that have reached the end
of their useful lives. Under the Act, consumers, retailers, manufacturers, and the ODEQ share
responsibilities. 2010 marks the second calendar year the program has been in place and the
second year for annual reporting by manufacturers.
Consumer Responsibilities
Consumers are responsible for removing all personal data, or other information, that may be on
a covered device that is collected or recovered.
Retailer Responsibilities
Retailers of equipment defined in the Act are not to sell, or offer for sale, a covered device in
Oklahoma unless the manufacturer has an approved recovery plan submitted to ODEQ.
Retailers also cannot offer for sale a manufacturer’s product if it is not properly affixed with the
manufacturer’s brand label.
Manufacturer Responsibilities
Manufacturers who produce, sell, or import more than 50 covered devices per year in the state
of Oklahoma must adopt, and implement, a recovery plan that provides reasonably convenient
collection services for consumers. Recovery plans must explain how collection and recovery is
provided at no charge to the consumer. Collection methods must also be available, and
designed, to meet the needs of all Oklahoma consumers.
Covered devices must be labeled with the manufacturer’s brand, which must be permanently
affixed and visible.
Manufacturers’ recovery plans must also include a statement that they will not dispose of their
devices in landfills, or contract with recycling companies who do, other than incidental
amounts.
In addition, manufacturers who maintain websites providing product information regarding
covered devices must include collection and recovery information for consumers and provide
that information to the ODEQ.
As previously described, no later than March 1 of each year, manufacturers must submit annual
reports to the ODEQ.
2010 also brought about a change in rules with the addition of a tiered fee structure.
Manufacturers are divided into two categories: major and minor. A major manufacturer is
defined as a manufacturer that sells more than 1,000 covered devices. A minor manufacturer is
defined as a manufacturer that sells between 51 and 999 covered devices. According to the fee
[4]
structure in place, major manufacturers pay an annual fee of $5,000 per year and minor
manufacturers pay an annual fee of $1,000 per year to ODEQ. This differentiation was put in
place to alleviate financial burden to small businesses. This fee structure was passed in April
2010 and became a responsibility of manufacturers beginning in the 2011 calendar year.
Oklahoma Department of Environmental Quality Responsibilities
The ODEQ must review, and approve, all manufacturer-submitted recovery plans and annual
reports. If plans, or reports, do not meet the standards of the Act, the ODEQ must notify
manufacturers within 20 days to ensure compliance. The ODEQ must maintain, and make
available, a list of registered manufacturers who have implemented approved recovery plans
including a separate list of manufacturers who collect additional brands other than their own.
Recovery plans and annual reports must be filed and made available to the public pursuant the
Oklahoma Open Records Act.
The ODEQ may conduct audits and inspections, take enforcement action, and assess penalties
against a manufacturer, retailer, or recycler. In the 2010 calendar year, the ODEQ conducted 35
inspections of retailers in nine Oklahoma counties. The ODEQ has also performed inspections
at three recycling facilities in the state that accept electronic waste. In addition, ODEQ
personnel have visited transfer stations, and landfills, to determine whether, or not, they would
be willing to separate electronics for various collection events. With additional staff members
assisting with inspections in the 2011 calendar year, additional counties within the state will be
reached which will, in turn, cause retailer and consumer awareness to be increased.
The ODEQ is also responsible for public education regarding collection and recovery of covered
devices. To comply with this requirement, the ODEQ maintains a website with all requirements
including additional links and information regarding recovery. ODEQ personnel also created an
informational hand-out for local governments across the state to distribute to consumers.
These efforts have been assisted by the Product Stewardship Institute (PSI). The ODEQ and PSI
work closely together to address various electronics recycling issues within Oklahoma and
across the nation.
Additional Responsibilities
The Act provides for those state agencies contracting for purchase of covered electronic devices
along with persons submitting bids for contracts. This section of the Act is administered by the
Oklahoma Department of Central Services. No state agency shall contract for the purchase of
covered electronic devices made by any manufacturer that is not on the ODEQ’s list of
registered manufacturers or that has been otherwise determined non-compliant with the
provisions of the Act.
[5]
Current Program Status
In the first summary to the Governor, July 2009, the ODEQ reported only 15 manufacturers who
had implemented recovery plans. Additional efforts were made to locate manufacturers in the
state. By the end of 2009, the ODEQ had 27 manufacturers within the State with approved
recovery plans. For the 2010 reporting period participation increased to 36 manufacturers. At
the date of this report, there are now 45 manufacturers registered with the ODEQ. The number
of manufacturers implementing recovery plans in Oklahoma is likely to increase with
continuous public education efforts and progression of technology.
All current registered manufacturers implement mail back programs. As part of the program a
consumer may print a pre-paid shipping label to send the item(s) back to the manufacturer, or
they may call a toll free number to request a shipping label. In addition to the mail back
program, a few manufacturers offer drop-off locations within the state as an alternative
recovery option. Another collection option for manufacturers is to host a community event.
There were multiple electronics take back events held in the 2010 calendar year throughout
several Oklahoma communities, including one large statewide event partnered by LG
Electronics and Waste Management. This statewide event was so successful that the same
partnership has offered to host the event again in the state of Oklahoma for the 2011 calendar
year.
A Summary of 2010 Annual Reports
All 2010 annual reports were to be submitted to the ODEQ by March 1, 2011. Reminder letters
were sent to all manufacturers in advance of the deadline on February 7, 2011. With 25 states
having various statutory requirements, not all manufacturers’ reports were submitted by the
due date. Of the 36 manufacturers registered at the end of 2010, all annual reports were
received, and approved, by May 1, 2010.
Oklahoma’s second year of annual reporting proved to be far more successful than the first
year. In the calendar year of 2010, manufacturers reported collecting 2,554,632 pounds of
electronics. Annual report trends show that larger manufacturers were able to recover more
devices in Oklahoma; this was expected as they also sold more products. The 2009 calendar
year total for collected devices was 817,277 pounds. Therefore, 2010 tripled the amount
recovered in 2009. This success is mainly due to increased awareness efforts made across
the state that included retailer visits, communication with multiple municipalities,
presentations at public events, universities, and schools as well as hosting informational
booths at various conferences. In addition, success can also be attributed to increased
manufacturer involvement through community events.
Below is a chart with individual manufacturer annual reporting data along with a line graph on
the following page displaying a comparison between recycling totals.
[6]
Figure 1: Individual Manufacturer Data for the 2010 Calendar Year
Manufacturer Weight Collected
ACER 20,753 lbs.
Apple Inc 134,287 lbs.
AnythingIT/Fujitsu 0 lbs.
ASUS 0 lbs.
BenQ America 0 lbs.
Best Buy 589,633 lbs.
CyberPower 0 lbs.
Dell 732,196 lbs.
DRS/Intertek 0 lbs.
Four Star Group 0 lbs.
GammaTech 0 lbs.
General Dynamics 0 lbs.
Hannspree 0 lbs.
Hitachi 0 lbs.
HP 855 lbs.
IBM 514 lbs.
Intel 0 lbs.
Lenovo/AERCCR 0 lbs.
LG 235,004 lbs.
Medion/AERCCR 0 lbs.
MSI 0 lbs.
NCR 0 lbs.
NEC 52 lbs.
Nokia 0 lbs.
Panasonic 0 lbs.
Planar 0 lbs.
Samsung 440,168 lbs.
Sony 401,170 lbs.
Sun 0 lbs.
Toshiba 0 lbs.
Unisys 0 lbs.
ViewSonic 0 lbs.
Vizio 0 lbs
Wacom 0 lbs.
Westinghouse 0 lbs.
TOTAL COLLECTED 2,554,632
[7]
[8]
Conclusion
The recycling total for computer equipment in Oklahoma for 2010 was 2,554,632 pounds. Ten
other states have reported their states’ 2010 recycling statistics to the National Center for
Electronics Recycling. When compared to other states, Oklahoma falls short in recycling
amounts; however, Oklahoma boasts the highest increase in recycling from 2009 to 2010 as
shown below. In addition, the majority of comparable states also collect electronics that
Oklahoma does not (televisions, printers, scanners, and mobile phones) which would also factor
into the discrepancy in total pounds collected.
State Amount Collected 2009 (lbs.)
Amount Collected 2010
(lbs.)
Increase
Percentage
California 167,876,682 172,570,839 2.79%
Illinois N/A 27,238,482 N/A
Maine 7,912,292 5,338,287 -32.53%
Minnesota 30,293,194 33,082,679 9.21%
North Carolina N/A 9,148,000 N/A
Oklahoma 817,277 2,554,632 212.58%
Oregon 18,993,738 24,149,774 27.15%
Texas 15,247,207 24,370,894 59.84%
Virginia 7,565,000 4,439,446 -41/31%
Washington 38,548,674 39,467,798 2.38%
Wisconsin N/A 24,000,000 N/A
According to the National Center for Electronics Recycling, Oklahoma’s computer recycling
program is most similar to Missouri, Texas, and Virginia; however Texas recently passed a bill to
include televisions in their state program and reporting data. The State of Oklahoma shows
much promise for progress in electronic waste recycling.